Preservation regime for stored communications Schedule 1
(b) the carrier holds at any time during the period that starts at
the time the carrier receives the notice and ends at the end of
the day the carrier receives the notice.
(2) In the notice, the Australian Federal Police can only specify:
(a) one person; or
(b) one or more telecommunications services; or
(c) one person and one or more telecommunications services.
107P Condition for giving a foreign preservation notice
(1) If, under paragraph 15B(d) of the Mutual Assistance in Criminal
Matters Act 1987, a foreign country intends to request the
Attorney-General to arrange for access to stored communications
that:
(a) relate to a specified person or specified telecommunications
service; and
(b) are held by a carrier; and
(c) are relevant to an investigation, or investigative proceeding,
relating to a criminal matter involving a serious foreign
contravention;
then the foreign country may request the Australian Federal Police
to arrange for the preservation of those stored communications.
(2) The request to the Australian Federal Police must:
(a) be in writing; and
(b) specify the name of the authority concerned with the criminal
matter; and
(c) specify the serious foreign contravention that is the subject of
the investigation or investigative proceeding; and
(d) specify information identifying the stored communications to
be preserved and the relationship between those
communications and the serious foreign contravention; and
(e) specify any information the foreign country has that
identifies the carrier that holds the stored communications;
and
(f) if the stored communications relate to a specified person—
specify any information the foreign country has that
identifies the telecommunications service to which the stored
communications relate; and
Cybercrime Legislation Amendment Act 2012
ComLaw Authoritative Act C2012A00120
No. 120, 2012
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